HomeMy WebLinkAbout03-031 - Resolutions RESOLUTION NO. 03-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MAKING
MODIFICATIONS TO THE CITY OF RANCHO CUCAMONGA
FACILITIES DISTRICT NO. 2003-01, ESTABLISHING THE
DISTRICT, ESTABLISHING TWO IMPROVEMENT AREAS
THEREIN, ESTABLISHING AN APPROPRIATIONS LIMIT FOR
THE DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN EACH IMPROVEMENT AREA, CALLING A SPECIAL
ELECTION WITHIN EACH IMPROVEMENT AREA AND TAKING
CERTAIN ACTIONS
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga,
California (the "City"), has previously adopted Resolution No. 02-327 stating
its intention to conduct proceedings to form City of Rancho Cucamonga
Community Facilities District No. 2003-01 (the "District") and to establish two
improvement areas, Improvement Area No. 1 and Improvement Area No. 2
(each an "Improvement Area" and collectively the "Improvement Areas")
therein, pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the California Government
Code (the "Act") to finance certain public facilities.
B. A copy of Resolution No. 02-327 setting forth a description of the proposed
boundaries of the District and the Improvement Areas therein, the facilities to
be financed by the District, including incidental expenses, and the rate and
method of apportionment of the special tax proposed to be levied within each
Improvement Area is on file in the office of the City Clerk of the City and, is
incorporated herein by reference.
C. The City Council has previously adopted Resolution No. 02-328 stating the
City Council's intention, acting as the legislative body of the District, to
authorize the issuance and sale of a series of bonds for Improvement Areas
No. 1 in the maximum aggregate principal amount of $16,000,000 and a
series of bonds for Improvement Area No. 2 in the maximum aggregate
principal amount of $4,000,000 to finance the cost of designing and
constructing such public facilities.
D. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a
public hearing (the "Hearing') on the establishment of the District and the
Improvement Areas therein, the extent of the District and each Improvement
Area therein, the furnishing of specified types of public facilities within the
District, the proposed rate and method of apportionment of the special tax
within each Improvement Area, and the proposed debt issues.
E. A notice of the Hearing was published and mailed to all landowners proposed
to be included in the District in accordance with the Act.
Resolution No. 03-031
Page 2 of 64
F. Prior to the Hearing there was filed with the City Council a report (the
'Report') containing a description of the facilities necessary to adequately
meet the needs of the District and an estimate of the cost of financing such
facilities as required by Section 53321.5 of the Act.
G. On February 5, 2003, the City Council opened the Hearing and continued the
Hearing to February 19, 2003.
H. At the Hearing all persons desiring to be heard on all matters pertaining to the
establishment of the District, each proposed Improvement Area, the extent of
the District and each proposed Improvement Area, the furnishing of specified
types of public facilities within the District, the proposed rate and method of
apportionment of the special tax, and the proposed debt issues were heard
and a full and fair hearing was held.
I. At the Hearing evidence was presented to the City Council on the matters
before it and the City Council at the conclusion of the Hearing is fully advised
as to all matters relating to the formation of the District and the establishment
of the Improvement Areas therein, the levy of the special tax and the
issuance of bonded indebtedness therein.
J. The City Council desires to modify the rate and method of apportionment of
the special tax, as proposed by the Resolution No. 02-327, in order to clarify
the consequences to the apportionment of the special tax should certain
proceeds of the tax not be required to pay for school facilities and in order to
clarify the scope of improvements.
K. The City Council desires to proceed with the establishment of the District and
the two Improvement Areas therein and to proceed to make the necessary
findings to incur the bonded indebtedness.
L. The City Council desires to hold a special election within each Improvement
Area of the District, at which time there will be submitted to the qualified
electors of each Improvement Area certain propositions relating to the
authorization to levy a special tax within the Improvement Area, the
establishment of an appropriations limit for the District and the incurrence of
bonded indebtedness to pay for certain facilities in connection with the
District.
M. The City Council has determined that there have been fewer than twelve
registered voters residing in the proposed boundaries of the District and each
proposed Improvement Area therein for the period of 90 days prior to
February 19, 2003 and that the qualified electors within each Improvement
Area are the landowners within the respective Improvement Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Recitals. The above recitals are all true and correct.
I
Resolution No. 03-031
Page 3 of 64
SECTION 2: Finding of Validity. Pursuant to Section 53325.1(b) of the Act, the
City Council finds and determines that all of the proceedings prior
hereto were valid and taken in conformity with the requirements of
the law, and specifically the provisions of the Act.
SECTION 3: Name of District and Improvement Areas. The City Council
hereby establishes and declares the formation of a community
facilities district pursuant to the Act to be designated "City of
Rancho Cucamonga Community Facilities District No. 2003-01"
(the "District') and hereby establishes and declares the formation
of two improvement areas within the District to be designated
"Improvement Area No. 1," and "Improvement Area No. 2"
(individually, an 'Improvement Area" and collectively, the
"Improvement Areas").
SECTION 4: Modifications. Pursuant to Section 3325 of the Act, Resolution
No. 02-327 is hereby modified as follows:
(a) The facilities proposed to be financed by the District
under the Act is modified to consist of those facilities
set forth in Exhibit "A", attached hereto and
incorporated herein by reference.
(b) The rate and method of apportionment of the Special
Tax among parcels of real property in Improvement
Area No. 1 of the District, is modified to be as shown in
Exhibit "B," attached hereto and incorporated herein by
reference, which includes sufficient detail to allow each
resident or landowner within each Improvement Area of
the proposed District to estimate the maximum amount
such resident or owner will have to pay.
Such modification will not increase the probable special
tax to be paid by the owner of any lot or parcel.
SECTION 5: Facilities. The facilities proposed to be financed by the District
under the Act shall consist of those facilities set forth on Exhibit
"A," (the "Facilities"). The estimated cost of the Facilities and
incidental expenses to be financed is set forth in the Report, which
estimates may change as the Facilities are designed and bid for
construction. The City is authorized by the Act to contribute
revenue to, or to construct or acquire the Facilities, all in
accordance with the Act. The City Council finds that the proposed
Facilities are necessary to meet the increased demand that will be
placed upon public infrastructure as a result of new development
within the District.
Resolution No. 03-031
Page 4 of 64
SECTION 6: No Majority Protest. The City Council hereby finds that written
protests against the establishment of the District, against the
furnishing of a specified type of facility within the District, or
against the levying of a specified special tax within the District
have not been filed by one-half or more of the registered voters
within the boundaries of the District or by the property owners of
one-half or more of the area of land within the boundaries of the
District. The City Council hereby finds, with respect to each
proposed Improvement Area, that written protests against the
establishment of the District, against the establishment of that
Improvement Area, against the furnishing of a specified type or
types of facilities within the District or that Improvement Area or
against the levying of a specified special tax within that
Improvement Area have not been filed by one-half or more of the
registered voters within the boundaries of that Improvement Area
or by the property owners of one-half or more of the area of land
within the boundaries of the Improvement Area. The City Council
finds that no written protests have been filed by holders of
leaseholds or posessory interests in property within the District
owned by a public agency.
Therefore, the City Council finds and declares that the special tax
to be levied in each Improvement Area has not been precluded by
majority protest pursuant to Section 53324.
SECTION 7: Soecial Tax. Except where funds are otherwise available to pay
for the Facilities and/or the principal and interest as it becomes
due on bonds of the District issued to finance the Facilities, a
special tax (the "Special Tax") is hereby authorized, subject to
approval by two-thirds of the votes cast within each Improvement
Area of the District, to be levied annually in accordance with the
procedures of the Act within the boundaries of each Improvement
Area sufficient to pay for the costs thereof, including incidental
expenses. The Special Tax will be secured by the recordation of a
continuing lien against all non-exempt property in each respective
Improvement Area of the District and will be collected in the same
manner as ordinary ad valorem property taxes and shall be
subject to the same penalties, procedure, sale and lien in any
case of delinquency as applicable for ad valorem property taxes.
Provided, however, such Special Tax may be collected in such
other manner as may be provided by the City Council. In the first
year in which such a Special Tax is levied, the levy shall include a
sum sufficient to repay to the City all amounts, if any, transferred
to the District pursuant to Section 53314 of the Act and interest
thereon.
Resolution No. 03-031
Page 5 of 64
The proposed rate and method of apportionment of the Special
Tax among parcels of real property within each Improvement Area
in the District, in sufficient detail to allow each resident or
landowner within each Improvement Area, as well as each holder
of a leasehold or posessory interest in property within the District
owned by a public agency, to estimate the maximum amount such
resident, owner, lessee or holder of a posessory interest will have
to pay, are shown in Exhibits "B-1" and "B-2", attached hereto and
incorporated herein by reference. The Special Tax is based upon
the expected demand that each parcel will place on the Facilities
and the benefit that each parcel derives from the right to access
the Facilities and the City Council hereby determines such basis
to be reasonable.
In the case of any Special Tax to pay for the Facilities to be levied
against any parcel used for private residential purposes: (i) the
maximum Special Tax shall be specified as a dollar amount which
shall be calculated and thereby established not later than the date
on which the parcel is first subject to the tax because of its use for
private residential purposes and which amount shall not be
increased over time over two percent per year; (ii) the tax year
after which no further Special Tax subject to this sentence shall be
levied or collected shall be as set forth in Exhibits "B-1" and "B-2"
hereto; and (iii) under no circumstances will the Special Tax levied
against any parcel subject to this sentence be increased as a
consequence of delinquency or default by the owner of any other
parcel within the District by more than 10 percent. For the
purposes hereof, a parcel is used for"private residential purposes'
not later than the date on which a building permit for private
residential use is issued.
Subject to the limitations set forth in the previous paragraph, in the
event that a portion of the property within an Improvement Area
shall become exempt for any reason, wholly or partially, from the
levy of the Special Tax, the City Council shall, on behalf of the
District, cause the levy to be increased, subject to the limitation of
the maximum Special Tax for a parcel as set forth in Exhibits'B-1"
and "B-2" to the extent necessary upon the remaining property
within the respective Improvement Area which is not delinquent or
exempt in order to yield the Special Tax revenues required for the
purposes described herein.
The City Council finds that there is not an ad valorem property tax
currently being levied on property within the District for the
exclusive purpose of paying principal or interest on bonds or other
indebtedness incurred to finance the construction of capital
facilities which provide the same services to the territory of the
District as are proposed to be provided by the Facilities to be
financed by the District.
Resolution No. 03-031
Page 6 of 64
SECTION 8: Notice of Special Tax Lien. Upon recordation of a notice of
special tax lien with respect to each Improvement Area pursuant
to Section 3114.5 of the Streets and Highways Code, a continuing
lien to secure each levy of the Special Tax shall attach to all
nonexempt real property in each Improvement Area, and this lien
shall continue in force and effect until the Special Tax obligation is
prepaid and permanently satisfied and lien canceled in
accordance with law or until collection of the Special Tax by the
City Council ceases.
SECTION 9: Appropriations Limit. An appropriations limit for the District is
hereby established, subject to voter approval, as an amount equal
to all the proceeds of the Special Tax collected annually within
such District and as defined by Article XIIIB of the California
Constitution, as adjusted for changes in the cost of living and
changes in population.
SECTION 10: Agricultural. Timber or Livestock Uses. The City Council hereby
finds and declares that lands within the District, if any, being
devoted primarily to agricultural, timber or livestock uses and
being used for the commercial production of agricultural, timber or
products is contiguous to other land which is included within the
District and that such lands will be benefited by the Facilities to be
provided within the District.
SECTION 11: Preparation of Annual Roll. The current GIS/Special Districts
Supervisor, City of Rancho Cucamonga, 10500 Civic Center
Drive, Rancho Cucamonga, California 91730, telephone number
(909) 477-2700, extension 2575 is designated to be responsible
for preparing annually, or authorizing a designee to prepare, a
current roll of Special Tax levy obligations by assessor's parcel
number and for estimating future Special Tax levies pursuant to
Section 53340.2 of the Act.
SECTION 12: Report. The Report is hereby approved and is made a part of the
record of the public hearing regarding the formation of the District
and the Improvement Areas therein and is ordered to be kept on
file in the office of the City Clerk and open for public inspection.
SECTION 13: Special Tax Accountability Measures. Pursuant to and in
compliance with the provisions of Government Code Section
50075.1, the City Council hereby establishes the following
accountability measures pertaining to the levy by the District of the
special tax described in Section 6 above:
Resolution No. 03-031
Page 7 of 64
A. Such special tax shall be levied for the specific purposes set
forth in Section 6 hereof.
B. The proceeds of the levy of such special tax shall be applied
only to the specific purposes set forth in Section 6 hereof.
C. The District shall establish an account or accounts into which
the proceeds of such special tax shall be deposited.
D. The City Manager, or his or her designee, acting for and on
behalf of the District, shall annually file a report with the City
Council as required pursuant to Government Code Section
50075.3.
SECTION 14: Election. The City Council herewith submits the establishment of
the appropriations limit for the District and the levy of the Special
Tax to the qualified electors of each respective Improvement Area,
such electors being the landowners within each respective
Improvement Area who are the owners of record on the date
hereof, or the authorized representatives thereof, with each
landowner having one vote for each acre or portion of acre owned.
There is hereby called and ordered to be held in each
Improvement Area on February 19, 2003, or such later date as is
consented to by the City Clerk and the landowners within the
District, a special election for the purpose of submitting such
propositions to the voters. The City Council hereby further directs
that with respect to each Improvement Area the ballot proposition
relating to the levy of the Special Tax and the proposition relating
to the incurring of a bonded indebtedness be combined into one
ballot proposition. The City Clerk shall conduct the elections, shall
give notice as required by law and shall procure such services and
supplies as are necessary for the conduct of the election. Except
as otherwise provided by the Act, the elections shall be conducted
by personally delivered or mailed ballot and, except as otherwise
provided by the Act, the elections shall be conducted in
accordance with the provisions of law regulating elections of the
City of Rancho Cucamonga insofar as such provisions are
determined by the City Clerk to be applicable.
SECTION 15: CEQA. On February 20, 2002, by its Resolution No. 02-056, the
City Council certified an Environmental Impact Report and a
Statement of Overriding Considerations with regard to the
Facilities (the 'Project'). There are no changes to the Project, no
new information of substantial importance, and no changed
circumstances within the meaning of CEQA. Thus, the
preparation of further environmental documentation is not needed
or required.
Resolution No. 03-031
Page 8 of 64
PASSED, APPROVED, AND ADOPTED this 19`h day of February 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
illiam J. Al ander, Mayor
ATTEST:
bra J. Ad s, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 19`h day of February 2003.
Executed this 20'x' day of February 2003, at Rancho Cucamonga, California.
De ra J. Adam , MC, City Clerk
Resolution No. 03-031
Page 9 of 64
EXHIBIT "A"
DESCRIPTION OF FACILITIES
The facilities described below are proposed to be financed in connection with City of Rancho
Cucamonga Community Facilities District No. 2003-01 (the "District"). The cost of the facilities
shall include the attributable costs of engineering, design, planning, inspection, management
and coordination, together with incidental expenses, including the costs associated with forming
the District; issuance and sale of bonds, including underwriter's discount, appraisal, reserve
fund, capitalized interest, bond counsel, financial advisor, disclosure counsel, fiscal agent,
special tax consultant, bond and official statement printing; determination of the amount of the
Special Tax; collection of the Special Tax; costs incurred in order to carry out the authorized
purposes of the District, and any other expenses incidental to the construction, acquisition,
completion and inspection of the authorized work. The facilities shall be constructed pursuant to
plans and specifications approved by the City and the officials thereof and/or the California
Department of Transportation, the Cucamonga County Water District, the Etiwanda School
District and the Chaffey Joint Union High School District and the officials thereof, as applicable.
Facilities in Connection with Improvement Area No. 1 and Improvement Area No. 2
Public improvements required as a condition of approval of development of the property within
the proposed District and other public improvements serving property within the proposed
District; such improvements to include but not be limited to:
Victoria Gardens Lane (and vicinity) Improvements
Street Improvements
Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and
traffic signal installation
Storm Drain Improvements
Domestic Water Improvements
Landscape Improvements
Dry Utilities Improvements
Right-of-Way Acquisition
Foothill Boulevard (and vicinity) Improvements
Street Improvements
Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and
traffic signal installation
Storm Drain Improvements
Sanitary Sewer Improvements
Domestic Water Improvements
Landscape Improvements
Dry Utilities Improvements
North Parkway Sidewalk
Right-of-Way Acquisition
Resolution No. 03-031
Page 10 of 64
Other Improvements Serving Properties Located within the Community Facilities District
Dry Utility Improvements
Facilities In Connection with Improvement Area No. 1 Only
Public improvements required as a condition of approval of development of the property within
the proposed District and other public improvements serving property within the proposed
District; such improvements to include but not be limited to:
Other Improvements Serving Properties Located in Improvement Area No. 1
Domestic Water Improvements
Sewer Improvements
City of Rancho Cucamonga Community Facilities
Civic Center/Cultural Center
School Improvements
School Improvements constructed by the Etiwanda School District and the Chaffey Joint Union
High School District customarily financed with development impact fees charged by those
Districts.
Resolution No. 03-031
Page 11 of 64
Exhibit"B-1"
Rate and Method of Apportionment for Improvement Area No. 1
Resolution No. 03-031
Page 12 of 64
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-01
OF THE CITY OF RANCHO CUCAMONGA
IMPROVEMENT AREA NO. 1
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community
Facilities District No. 2003-01 (Improvement Area No. 1) ("CFD No. 2003-01 (IA No. 1)") and
collected each Fiscal Year commencing in Fiscal Year 2003-04, in an amount determined by the
Council through the application of the appropriate Special Tax within each Zone for"Developed
Property" and "Undeveloped Property" as described below. All of the real property in CFD No.
2003-01 (IA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the
purposes,to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan,or other map or plan
recorded with the County. The square footage of an Assessor's Parcel is equal to the
Acreage of such parcel multiplied by 43,560.
"Act"means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter
2.5,Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No.2003-01 (IA No. 1):the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules(whetherbythe
City,a designee thereof or both);the costs of collecting the Special Taxes(whether by the
County or otherwise);the costs of remitting the Special"faxes to the Trustee;the costs of the
Trustee(including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2003-01 (IA No. 1) or any designee of either
thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No.
2003-01 (IA No. 1)or any designee of either thereof of complying with City,CFD No.2003-
01 (]A No. 1) or obligated persons disclosure requirements; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding the
Special Taxes;the costs of the City,of CFD No.2003-01 (lA No. 1)or any designee of either
thereof related to an appeal of the Special Tax;and the City's annual administration fees and
third party expenses. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No.2003-01 (IA No. 1)for any other administrative purposes
of CFD No. 2003-01 (IA No. 1), including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
City ojRancho Cucamonga February 12,2003
CFD No.1003-01(lA No. I) Page I
Resolution No. 03-031
Page 13 of 64
"Administrative Special Tax Requirement" means, for any Fiscal Year, that amount
estimated to be required to:(i)pay periodic costs on the CFD No.2003-01 (IA No. I)Bonds
other than regularly scheduled debt service,including but not limited to,credit enhancement
and rebate payments on the CFD No.2003-01 (IA No. 1)Bonds as described in the Indenture
and due in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative
Expenses.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assessor's Parcel Map"means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section C below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Resolution of Formation.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property,as determined in accordance with Section C below.
"CFD Administrator" means an official of the City, or designee thereof,responsible for
determining the Special Tax Requirement for each Zone and providing for the levy and
collection of the Special Taxes.
"CFD No.2003-01"means Cityof Rancho Cucamonga Community Facilities District No.
2003-01 (Victoria Gardens).
"CFD No.2003-01 (IA No. 1)" means Improvement Area No. I of CFD No.2003-01,as
identified on the boundary map for CFD No. 2003-01.
"CFD No.2003-01 (IA No.1)Bonds"means anybonds or other debt(as defined in Section
53317(d)of the Act),whether in one or more series,issued by CFD No.2003-01 and secured
solely by Special Taxes levied on property within the boundaries of CFD No.2003-01 (IA
No. 1)under the Act.
"City" means the City of Rancho Cucamonga.
"Council" means the City Council of the City of Rancho Cucamonga, acting as the
legislative body of CFD No.2003-01 (IA No. 1).
"County" means the County of San Bernardino.
"Disposition and Development Agreement" means the Disposition and Development
Agreement by and between the Rancho Cucamonga Redevelopment Agency and Victoria
Gardens-C, LLC dated February 20,2002.
City of Rancho Cucamonga February 12,2003
CFD No.2003-01(IA No.1) Page 2
Resolution No. 03-031
Page 14 of 64
"Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was
within a Final Map that was recorded prior to January 1 of the previous Fiscal Year,and(ii)
for which a building permit for new construction,other than the construction of a garage,
parking lot,parking structure or street,was issued after January 1,2002 but prior to January 1
of the previous Fiscal Year.
"Final Map" means a final map, lot line adjustment, or parcel map, or portion thereof,
approved by the City pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.)and recorded with the County Recorder that creates individual lots for
which building permits may be issued. The term "Final Map" shall not include any
Assessor's Parcel Map or subdivision map or portion thereof,that does not create individual
lots for which a building permit may be issued, including Assessor's Parcels that are
designated as remainder parcels.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2003-01 (IA No. 1)Bonds are issued, as modified, amended
and/or supplemented from time to time.
"Maximum Special Tax"means the maximum Special Tax,determined in accordance with
Section C below,that can be levied in any Fiscal Year on any Assessor's Parcel.
"Outstanding Zone 1 Bonds"means(a)the product of(i)the original principal amount of
the CFD No.2003-01 (IA No. 1)Bonds minus the principal amount of the CFD No.2003-01
(IA No. 1)Bonds that have been paid at maturity,or been redeemed or defeased other than
from prepayments of Special Taxes; and(ii)the Zone 1 Allocation,minus(b)the principal
amount of the CFD No.2003-01 (IA No. 1)Bonds that have been redeemed or defeased as a
result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in
Zone 1.
"Outstanding Zone 2 Bonds"means(a)the product of(i)the original principal amountof
the CFD No.2003-01 (IA No. 1)Bonds minus the principal amount of the CFD No.2003-01
(IA No. 1)Bonds that have been paid at maturity,or been redeemed or defeased other than
from prepayments of Special Taxes; and(ii)the Zone 2 Allocation,minus(b)the principal
amount of the CFDNo.2003-01 (IA No. 1)Bonds that have been redeemed or defeased as a
result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in
Zone 2 or a refund from the Etiwanda School District pursuant to that certain Joint
Community Facilities Agreement dated as of February 19, 2002 between the City and t1he
Etiwanda School District,or from the Chaffey Joint Union High School District,pursuant to
that certain Joint Community Facilities Agreement dated as of February 19, 2002 between
the City and the Chaffey Joint Union High School District.
"Outstanding Zone 3 Bonds"means(a)the product of(i)the original principal amount of
the CFD No.2003-01 (IA No. 1)Bonds minus the principal amount of the CFD No.2003-01
(IA No. 1)Bonds that have been paid at maturity,or been redeemed or defeased other than
City ofR"cho Cucamonga February 12,1093
CPD No.2003-01(IA No. 1) Page 3
Resolution No. 03-031
Page 15 of 64
from prepayments of Special Taxes; and(ii)the Zone 3 Allocation,minus(b)the principal
amount of the CFD No.2003-01 (IA No.l)Bonds that have been redeemed or defeased as a
result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in
Zone 3.
"Privately Owned Exempt Parking Property" means the land area consisting of up to
4.25 Acres in Zone 2 to be utilized for a garage, parking lot or parking structure as
geographically identified in Attachment A to this Rate and Method of Apportionment,and
specifically defined in Attachment B.
"Privately Owned Specific Retail Property" means one or more Assessor's Parcels of
Developed Property in Zone 2 for which a building permit has been issued for uses that are
consistent with the Major Department Store land use category in the Disposition and
Development Agreement, as determined by the CFD Administrator.
"Proportionately" means for Developed Property in a particular Zone that the ratio of the
actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for
all Assessor's Parcels of Developed Property within such Zone,or where the Backup Special
Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such
Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon
which a Backup Special Tax is being levied within such Zone. For Undeveloped Property in
a particular Zone, "Proportionately"means that the ratio of the actual Special Tax levy per
Acre in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all
Assessor's Parcels of Undeveloped Property within such Zone.
"Public Property"means any property within the boundaries of CFD No.2003-01 (IANo.
1)that is used for rights-of-way or any other purpose and is owned by or irrevocably offered
for dedication to the federal government,the State,the County,the City or any other public
agency,provided however that any property leased by a public agency to a private entityand
subject to taxation under Section 53340.1 of the Act shall be taxed and classified in
accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"Resolution of Formation" means the Resolution of Formation for CFD No.2003-01(IA
No. 1).
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax
Requirement,the Zone 2 Special Tax Requirement,or the Zone 3 Special Tax Requirement.
"State" means the State of California.
City of Rancho Cucamonga February 12,1003
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Page 16 of 64
"Taxable Property"means all of the Assessor's Parcels within theboundaries of CFD No.
2003-01 (IA No. 1)which are not exempt from the Special Tax pursuant to law or Section E
below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property"means,for each Fiscal Year,all Taxable Property not classified as
Developed Property.
"Zone" means Zone 1,Zone 2, or Zone 3,as applicable.
"Zone 1"means all Assessor's Parcels located within the boundaries of Zone I as delineated
in Attachment A to this Rate and Method of Apportionment.
"Zone 1 Allocation"means the percentage of CFD No.2003-01(IA No.l)Bonds allocated
to Zone 1 based on Zone 1's share of the cost of the Authorized Facilities to be financed
from the proceeds of such bond issue(s). The Zone 1 Allocation is 6.72%.
"Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i)
replenish any reserve funds for CFD No.2003-01 (IA No. 1)Bonds in an amount equal to the
amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes,as reasonably
determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent
Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the
previous Fiscal Year.
"Zone 1 Special Tax Requirement"means,for any Fiscal Year,the sum of(i)the Zone 1
Allocation times the Administrative Special Tax Requirement;and(ii)the amount required
to (a) pay regularly scheduled debt service on all Outstanding Zone 1 Bonds due in the
calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the
construction of Authorized Facilities, and(c)pay the Zone I Delinquency Amount,if any;
(iii)less a credit for funds available to reduce the annual Special Tax levy within Zone 1,as
determined by the CFD Administrator pursuant to the Indenture.
"Zone 2"means all Assessor's Parcels located within the boundaries of Zone 2 as delineated
in Attachment A to this Rate and Method of Apportionment.
"Zone 2 Allocation"means the percentage of CFD No.2003-01(IA No. 1)Bonds allocated
to Zone 2 based on Zone 2's share of the cost of the Authorized Facilities to be financed
from the proceeds of such bond issue(s). The Zone 2 Allocation is 81.74%.
"Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i)
replenish any reserve funds for CFD No.2003-01 (IA No. 1)Bonds in an amount equal to the
amount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes,as reasonably
determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent
Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 in the
previous Fiscal Year.
City of Rancho Cucamonga February 12,2003
CFD No.2003-01(/A No. I) Page 5
Resolution No. 03-031
Page 17 of 64
"Zone 2 Special Tax Requirement"means,for any Fiscal Year,the sum of(i)the Zone 2
Allocation times the Administrative Special Tax Requirement;and(ii)the amount required
to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bonds due in the
calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the
construction of Authorized Facilities,and(c)pay the Zone 2 Delinquency Amount,if any;
(iii)less a credit for funds available to reduce the annual Special Tax levy within Zone 2,as
determined by the CFD Administrator pursuant to the Indenture. For the purposes of this
definition,all amounts held in the funds and accounts under the Indenture which are intended
to be used to pay debt service on CFD No.2003-01 (IA No. 1)Bonds issued and outstanding,
and which are derived from refunds from the Etiwanda School District pursuant to that
certain Joint Community Facilities Agreement dated as of February 19,2002 between the
City and the Etiwanda School District,or from the Chaffey Joint Union High School District,
pursuant to that certain Joint Community Facilities Agreement dated as of February 19,2002
between the City and the Chaffey Joint Union High School District shall be considered
amounts available to reduce the annual Special Tax levy within Zone 2.
"Zone 3"means all Assessor's Parcels located within the boundaries of Zone 3 as delineated
in Attachment A to this Rate and Method of Apportionment.
"Zone 3 Allocation"means the percentage of CFD No.2003-01 (IA No. 1)Bonds allocated
to Zone 3 based on Zone 3's share of the cost of the Authorized Facilities to be financed
from the proceeds of such bond issue(s). The Zone 3 Allocation is 11.54%.
"Zone 3 Delinquency Amount" means, for any Fiscal Year, the amount required to (i)
replenish any reserve funds for CFD No.2003-01(LA No. 1)Bonds in an amount equal to the
amount withdrawn therefrom as a result of delinquent Zone 3 Special Taxes,as reasonably
determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent
Zone 3 Special Taxesbased on the delinquency rate for Special Taxes levied in Zone 3 in the
previous Fiscal Year.
"Zone 3 Special Tax Requirement"means,for any Fiscal Year,the sum of(i)the Zone 3
Allocation times the Administrative Special Tax Requirement;and(ii)the amount required
to (a) pay regularly scheduled debt service on all Outstanding Zone 3 Bonds due in the
calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the
construction of Authorized Facilities, and(c)pay the Zone 3 Delinquency Amount,if any;
(iii)less a credit for funds available to reduce the annual Special Tax levy within Zone 3,as
determined by the CFD Administrator pursuant to the Indenture.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year,all Taxable Property within Zone 1,Zone 2,and Zone 3 of CFD No.2003-
01 (IA No. 1)shall be classified as Developed Property or Undeveloped Property,and shall
be subject to Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections C and D below.
City of Rancho Cucamonga February 12,1003
CFD No.2003-01(1A No.1) Page 6
Resolution No. 03-031
Page 18 of 64
C. MAXIMUM SPECIAL TAX RATE
1. ZONE 1
a. Zone 1 Developed Property
(i). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel in Zone I
classified as Developed Property shall be the greater of(i)the amount
derived by application of the Assigned Special Tax for Zone 1 or(ii)
the amount derived by application of the Backup Special Tax for
Zone 1.
(ii). Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed
Property in Zone 1 of CFD No.2003-01 (IA No. 1)shall equal$4,318
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
commencing on July 1, 2004 and on July 1 of each Fiscal Year
thereafter, by an amount equal to two percent(2%)of the Assigned
Special Tax for the previous Fiscal Year.
(iii). Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Developed
Property in Zone 1 of CFD No.2003-01 (IA No. 1)shall equal$4,798
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
commencing on July 1, 2004 and on July 1 of each Fiscal Year
thereafter, by an amount equal to two percent (2%) of the Backup
Special Tax for the previous Fiscal Year.
b. Zone 1 Undeveloped Property
The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No.
2003-01 (IA No. 1) shall be $4,798 per Acre for Fiscal Year 2003-04, and
shall increase thereafter,commencing on July 1,2004 and on July 1 of each
Fiscal Year thereafter, by an amount equal to two percent (2%) of the
Maximum Special Tax for the previous Fiscal Year.
City ojRancho Cucamonga February 12,2003
CFD No.2003-01(lA No. 1) Page 7
Resolution No. 03-031
Page 19 of 64
2. ZONE 2
a. Zone 2 Developed Property
Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel in Zone 2
classified as Developed Property shall be the greater of(i)the amount
derived by application of the Assigned Special Tax for Zone 2 or(ii)
the amount derived by application of the Backup Special Tax for
Zone 2.
(ii). Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed
Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal
$36,294 per Acre for Fiscal Year 2003-04, and shall increase
thereafter, commencing on July 1,2004 and on July 1 of each Fiscal
Year thereafter, by an amount equal to two percent (2%) of the
Assigned Special Tax for the previous Fiscal Year.
(iii). Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Developed
Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal
$40,327 per Acre for Fiscal Year 2003-04, and shall increase
thereafter, commencing on July 1,2004 and on July 1 of each Fiscal
Year thereafter, by an amount equal to two percent (2a/a) of the
Backup Special Tax for the previous Fiscal Year.
b. Zone 2 Undeveloped Property
The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No.
2003-01 (IA No. 1) shall be$12,817 per Acre for Fiscal Year 2003-04, and
shall increase thereafter,commencing on July 1,2004 and on July 1 of each
Fiscal Year thereafter, by an amount equal to two percent (2%) of the
Maximum Special Tax for the previous Fiscal Year.
3. ZONE 3
a. Zone 3 Developed Property
(i). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel in Zone 3
classified as Developed Property shall be the greater of(i)the amount
City of Rancho Cucamonga February 1$200J
CFD No.2003-01(IA No. IJ Page 9
Resolution No. 03-031
Page 20 of 64
derived by application of the Assigned Special Tax for Zone 3 or(ii)
the amount derived by application of the Backup Special Tax for
Zone 3.
(ii). Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed
Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal
$10,272 per Acre for Fiscal Year 2003-04, and shall increase
thereafter,commencing on July 1,2004 and on July 1 of each Fiscal
Year thereafter, by an amount equal to two percent (2%) of the
Assigned Special Tax for the previous Fiscal Year.
(iii). Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Developed
Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal
$11,413 per Acre for Fiscal Year 2003-04, and shall increase
thereafter,commencing on July 1,2004 and on July 1 of each Fiscal
Year thereafter, by an amount equal to two percent (2%) of the
Backup Special Tax for the previous Fiscal Year.
b. Zone 3 Undeveloped Property
The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No.
2003-01 (IA No. 1)shall be$11,413 per Acre for Fiscal Year 2003-04,and
shall increase thereafter,commencing on July 1,2004 and on July 1 of each
Fiscal Year thereafter, by an amount equal to two percent (2%) of the
Maximum Special Tax for the previous Fiscal Year.
A METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. ZONE 1
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall determine the Zone 1 Special Tax Requirement and levy the Special
Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone
1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal
Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for
Developed Property;
Second: If additional monies are needed to satisfy the Zone 1 Special Tax
Requirement after the first step has been completed,the Special Tax shall be levied
February 12,2003
City ojRancbo Cucamonga Page 9
CFD No.2003-01(1A No. 1)
Resolution No. 03-031
Page 21 of 64
Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to
100%of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Zone 1 Special Tax
Requirement after the first two steps have been completed, then the levy of the
Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose
Maximum Special Tax is equal to the Backup Special Tax shall be increased
Proportionately from the Assigned Special Tax up to the Maximum Special Tax for
each such Assessor's Parcel.
Notwithstanding the above,the Council may in any Fiscal Year levy Proportionately
less than 100%of the Assigned Special Tax in step one(above)when the Council no
longer must levy a Special Tax in Zone 1 pursuant to steps two and three above,and
(i) all authorized CFD No. 2003-01 (1A No. 1)Bonds have already been issued, or
(ii)the Council has covenanted that it will not issue any additional CFD No.2003-01
(IA No. l)Bonds(except refunding bonds)to be supported by Special Taxes levied
under this Rate and Method of Apportionment.
Further notwithstanding the above, under no circumstances will the Special Tax
levied against any Assessor's Parcel of Residential Property for which an occupancy
permit for private residential use has been issued be increased by more than ten
percent as a consequence of delinquency or default by the owner of any other
Assessor's Parcel within Zone 1, except for those Residential Properties whose
owners are also delinquent or in default on their Special Tax payments for one or
more other properties within Zone 1.
2. ZONE 2
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall determine the Zone 2 Special Tax Requirement and levy the Special
Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone
2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal
Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property in Zone 2 in an amount equal to 100%.of the Assigned Special Tax for
Developed Property;
Second: If additional monies are needed to satisfy the Zone 2 Special Tax
Requirement after the first step has been completed,the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to
100%of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Zone 2 Special Tax
Requirement after the first two steps have been completed, then the levy of the
Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose
Maximum Special Tax is equal to the Backup Special Tax shall be increased
City of Rancho Cucamonga February 11,1003
CFD No.1003-01(1A No.1) Page 10
Resolution No. 03-031
Page 22 of 64
Proportionately from the Assigned Special Tax up to the Maximum Special Tax for
each such Assessor's Parcel.
Notwithstanding the above,the Council may in any Fiscal Year levy Proportionately
less than 100%of the Assigned Special Tax in step one(above)when the Council no
longer must levy a Special Tax in Zone 2 pursuant to steps two and three above,and
(i) all authorized CFD No.2003-01 (IA No. 1)Bonds have already been issued, or
(ii)the Council has covenanted that it will not issue any additional CFD No.2003-01
(IA No. 1)Bonds(except refunding bonds)to be supported by Special Taxes levied
under this Rate and Method of Apportionment.
3. ZONE 3
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall determine the Zone 3 Special Tax Requirement and levy the Special
Tax in Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone
3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal
Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for
Developed Property;
Second: If additional monies are needed to satisfy the Zone 3 Special Tax
Requirement after the first step has been completed,the Special Tax shall be levied
Proportionately on each Assessor's Parcel ofUndeveloped Property in Zone 3 at up to
100%of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Zone 3 Special Tax
Requirement after the first two steps have been completed, then the levy of the
Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose
Maximum Special Tax is equal to the Backup Special Tax shall be increased
Proportionately from the Assigned Special Tax up to the Maximum Special Tax for
each such Assessor's Parcel.
Notwithstanding the above,the Council may in any Fiscal Year levy Proportionately
less than 100%of the Assigned Special Tax in step one(above)when the Council no
longer must levy a Special Tax in Zone 3 pursuant to steps two and three above,and
(i) all authorized CFD No. 2003-01 (IA No. 1)Bonds have already been issued,or
(ii)the Council has covenanted that it will not issue any additional CFD No.2003-01
(IA No. 1)Bonds(except refunding bonds)to be supported by Special Taxes levied
under this Rate and Method of Apportionment.
City of Rancho Cucamonga February Il,2003
CFD No.2003-01(IA No.I) Page II
Resolution No. 03-031
Page 23 of 64
E. EXEMPTIONS
1. ZONE 1
No Special Tax shall be levied on Public Property in Zone 1.
2. ZONE 2
No Special Tax shall be levied on Public Property in Zone 2. In addition,no Special .
Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2.
Furthermore,no Special Tax shall be levied on up to 10.56 Acres of Privately Owned
Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property in Zone 2 becomes
Privately Owned Specific Retail Property.
If the total number of Acres of Privately Owned Specific Retail Property exceeds the
amount stated above, then the Acres exceeding such total shall be taxed at the
applicable rates for Developed Property for Zone 2 as set forth in Section C above
and to the extent set forth in Section D above.
3. ZONE 3
No Special Tax shall be levied on Public Property in Zone 3.
F. REVIEW/APPEAL COMMITTEE
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD
Administrator,provided that the appellant is current in his/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or
before the payment date established when the levy was made. The appeal must specify the
reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall
review the appeal,meet with the appellant if the CFD Administrator deems necessary, and
advise the appellant of its determination. If the CFD Administrator agrees with the appellant,
the amount of the Special Tax shall be appropriately modified.
The Council may interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifying any ambiguity and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals. Any decision of
the Council shall be final and binding as to all persons.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes;provided,however,that CFD No.2003-01 (IA No. 1)may directly
bill the Special Tax,may collect Special Taxes at a different time or in a different manner if
City of Rancho Cucamonga February 12,1003
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Resolution No. 03-031
Page 24 of 64
necessary to meet its financial obligations,and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
H. PREPAYMENT OF SPECIAL TAX
1. Payment in Full
Only an Assessor's Parcel of Developed Property,or Undeveloped Property for which
a building permit has been issued, may be prepaid. The Special Tax obligation
applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 1) may only be
prepaid after all authorized CFD No.2003-01 (IA No. 1)Bonds have already been
issued,or after the Council has covenanted that it will not issue any additional CFD
No.2003-01 (IA No. 1)Bonds(except refunding bonds)to be supported by Special
Taxes levied under this Rate and Method of Apportionment. The obligation of the
Assessor's Parcel to pay any Special Tax maybe permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only if there are no delinquent Special Taxes with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax obligation shall provide the CFD Administrator
with written notice of intent to prepay. Within 30 days of receipt of such written
notice,the CFD Administrator shall notify such owner of the prepayment amount of
such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any
redemption date for the CFD No.2003-01 (IA No. 1)Bonds to be redeemed with the
proceeds of such prepaid Special Taxes.
The Prepayment Amount(defined below)shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below)
shall be calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Maximum
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels
of Undeveloped Property for which building permits have already been
issued, compute the Maximum Special Tax for the Assessor's Parcel to be
City ojRancbo Cucamonga February I2,1003
CFD No.2003-01(!A No. 1) Page 13
Resolution No. 03-031
Page 25 of 64
prepaid as though it were already designated as Developed Property,based
upon the building permit which has been issued for that Assessor's Parcel.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
estimated Maximum Special Taxes for the entire Zone in which the
Assessor's Parcel is located based on the Developed Property Special Taxes
which could be charged in the current Fiscal Year on all expected
development in such Zone, excluding any Assessor's Parcels in such Zone
which have been prepaid; and
4. (a) For Assessor's Parcels in Zone 1, multiply the quotient computed
pursuant to paragraph 3 by the Outstanding Zone 1 Bonds to compute the
amount of Outstanding Zone 1 Bonds to be retired and prepaid;or
(b) For Assessor's Parcels in Zone 2, multiply the quotient computed
pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the
amount of Outstanding Zone 2 Bonds to be retired and prepaid: or
(c) For Assessor's Parcels in Zone 3, multiply the quotient computed
pursuant to paragraph 3 by the Outstanding Zone 3 Bonds to compute the
amount of Outstanding Zone 3 Bonds to be retired and prepaid(in either(a),
(b),or(c)above,the"Bond Redemption Amount").
5. Multiply the Bond Redemption Amount for the appropriate Zone computed
pursuant to paragraph 4 by the applicable redemption premium (e.g., the
redemption price — 100%), if any, on the Outstanding Zone 1, Zone 2, or
Zone 3 Bonds to be redeemed(the"Redemption Premium").
6. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the
current Fiscal Year until the earliest redemption date for the Outstanding
Zone 1,Zone 2,or Zone 3 Bonds,as applicable.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current
Fiscal Year which have not yet been paid.
8. Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Administrative
Fees and Expenses from the date of prepayment until the redemption date for
the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, to be
redeemed with the prepayment.
9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the
amount computed pursuant to paragraph 8.
10. Compute the net present value of the amount computed pursuant to
paragraph 9,using as a discount rate the rate ofreturn reasonably assumed by
the CFD Administrator in paragraph 8 (the "Defeasance Amount").
City of Rancho Cucamonga February 12,2003
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Resolution No. 03-031
Page 26 of 64
11. The administrative fees and expenses of CFD No.2003-01 (IA No. 1)are as
calculated by the CFD Administrator and include the costs of computation of
the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming CFD No. 2003-01 (IA No. 1)Bonds, and the costs of recording
any notices to evidence the prepayment and the redemption (the
"Administrative Fees and Expenses").
12. The reserve fund credit(the"Reserve Fund Credit")shall equal the lesser of:
(a) the expected reduction in the reserve requirement (as defined in the
Indenture), if any, associated with the redemption of Outstanding Zone 1,
Zone 2, or Zone 3 Bonds as a result of the prepayment, or (b) the amount
derived by subtracting the new reserve requirement (as defined in the
Indenture) in effect after the redemption of Outstanding Zone 1,Zone 2,or
Zone 3 Bonds,as applicable,as a result of the prepayment from the balance
in the reserve fund on the prepayment date,but in no event shall such amount
be less than zero. No Reserve Fund Credit shall be granted if the amount
then on deposit in the reserve fund for the Outstanding Zone 1,Zone 2, or
Zone 3 Bonds,as applicable, is below 100%of the reserve requirement(as
defined in the Indenture).
13. If any capitalized interest for the Outstanding Zone 1, Zone 2, or Zone 3
Bonds,as applicable,will not have been expended as ofthe first bond interest
and/or principal payment date following the current Fiscal Year,a capitalized
interest credit shall be calculated by multiplying the quotient computed
pursuant to paragraph 3 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized
Interest Credit").
14. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4,5, 10,and 11,less the amounts computed pursuant
to paragraphs 12 and 13 (the"Prepayment Amount").
From the Prepayment Amount,the amounts computed pursuant to paragraphs 4,5,
10, 12 and 13 shall be deposited into the appropriate fund as established under the
Indenture and be used to redeem Outstanding Zone 1,Zone 2,or Zone 3 Bonds,as
applicable, or make debt service payments. The amount computed pursuant to
paragraph 11 shall be retained by CFD No.2003-01 (IA No. 1).
The Prepayment Amount may be sufficient to redeem other than a$5,000 increment
of CFD No.2003-01 (IA No. 1)Bonds. In such cases,the increment above$5,000 or
integral multiple thereof will be retained in the appropriate fund established under the
Indenture to be used with the next prepayment of CFD No.2003-01 (IA No. 1)Bonds
or to make debt service payments.
Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as
determined under paragraph 7 (above), the CFD Administrator shall remove the
current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County
City of Rancho Cucamonga February 12,2003
CFD No.2003-01(/A No.1) Page 15
Resolution No. 03-031
Page 27 of 64
tax rolls. With an respect to Assessor's Parcel for which the Special Tax obligation
P Y
is prepaid in full in accordance with this Section H.1, the Council shall cause a
suitable notice to be recorded in compliance with the Act,to indicate the prepayment
of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel,
and the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless
the amount of Maximum Special Taxes that may be levied within the entire Zone in
which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and
after the proposed prepayment is at least 1.1 times the maximum annual debt service
on all Outstanding Zone 1,Zone 2,and Zone 3 Bonds,as applicable.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property and an Assessor's
Parcel of Undeveloped Property for which a building permit has been issued may be
partially prepaid. The amount of the prepayment shall be calculated as in Section
H.1;except that a partial prepayment shall be calculated according to the following
formula:
PP=PEXF
These terns have the following meaning:
PP= the partial prepayment
PE= the Prepayment Amount calculated according to Section H.1
F= the percentage by which the owner of the Assessor's Parcel(s) is parially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the
CFD Administrator of(i)such owner's intent to parially prepay the Special Tax,and
(ii)the percentage by which the Special Tax shall be prepaid,and(iii)the company
or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax for an Assessor's Parcel within thirty(30)days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is parially prepaid, the City shall (i)
distribute the funds remitted to it according to Section H.1, and(ii)indicate in the
records of CFD No. 2003-01 (TA No. 1)that there has been a partial prepayment of
the Special Tax and that a portion of the Assigned Special Tax and Maximum
Special Tax with respect to such Assessor's Parcel, equal to the outstanding
percentage (1.00 - F) of each, respectively, shall continue to be levied on such
Assessor's Parcel pursuant to Section D.
City of Rancho Cucamonga February 11,2003
CFD No.2003-01(IA No. I) Page 16
Resolution No. 03-031
Page 28 of 64
I. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal
Year 2003-04,provided however that Special Taxes will cease to be levied in an earlier
Fiscal Year if the CFD Administrator has determined (i) that all required interest and
principal payments on the CFD No. 2003-01 (IA No. 1)Bonds have been paid; and(ii) all
Authorized Facilities have been constructed.
K:ICiiaaa2U?aachoCucamaagalVc(ariaGardewIRMAumprammeaN rea17.doc
prepared.2112103
February 12,2003
City of Rancho Cucamonga page 17
CFD No. 2003-01(IA No.1)
Resolution No. 03-031
Page 29 of 64
ATTACHMENT A
MAP OF ZONES 1 THROUGH 3
Resolution No. 03-031
Page 30 of 64
PROPOSED BOUNDARIES SHEET 1 OF i SHEETS
OF
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3
CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA
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Resolution No. 03-031
Page 31 of 64
LEGAL DESCRIPTION
CFD 2003-01
IMPROVEMENT AREA NO.1 -ZONE NO.1
PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT
PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND
PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1
THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED
PARCEL:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
NORTHWESTERLY LINE OF PARCEL MAP NO. 15641 HAVING A BEARING OF NORTH 44°18'08"
EAST AND A DISTANCE OF 122.48 FEET;THENCE FROM SAID POINT OF BEGINNING ALONG THE
NORTHERLY LINE OF SAID PARCEL MAP NO. 15641, NORTH 89°55'01'WEST 172.57 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1052.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°47'42" AN ARC
LENGTH OF 88.04 FEET TO A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
947.98 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE
OF 4°47'42"AN ARC LENGTH OF 79.34 FEET;THENCE NORTH 89°55'01"WEST 1059.25 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
798.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
32°33'40" AN ARC LENGTH OF 453.50 FEET TO A POINT IN A NON-TANGENT REVERSE CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, RADIAL LINES THROUGH SAID
POINT BEAR SOUTH 32°38'39"WEST(798.00-FOOT RADIUS)AND NORTH 33°00'27" EAST(945.00-
FOOT RADIUS); THENCE LEAVING SAID NORTHERLY UNE AND SOUTHEASTERLY ALONG LAST
SAID NON-TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°21'01' AN ARC
LENGTH OF 137.72 FEET; THENCE NON-TANGENT TO THE PREVIOUS CURVE, SOUTH 25004'56"
EAST 22.02 FEET; THENCE SOUTH 68011'33" EAST 35.26 FEET; THENCE SOUTH 21048'29" EAST
11.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 213.00 FEET; THENCE SOUTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 21043'28"AN ARC LENGTH OF 80.76 FEET; THENCE SOUTH 0004'59" EAST
109.70 FEET, TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00
FEET;THENCE SOUTHERLY AND WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 90000'00"AN ARC LENGTH OF 39.27 FEET;THENCE NORTH 89055'01"WEST
579.84 FEET; THENCE SOUTH 0004'59'EAST 50.00 FEET;THENCE NORTH 89055'01'WEST 128.86
FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET;
THENCE SOUTHEASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE
OF 6056'18"AN ARC LENGTH OF 32.25 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 143.67 FEET; THENCE WESTERLY ALONG LAST SAID REVERSE CURVE
THROUGH A CENTRAL ANGLE OF 1503246" AN ARC LENGTH OF 38.98 FEET; THENCE NORTH
89055'01" WEST 150.00 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 99.50 FEET; THENCE WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 23013'53" AN ARC LENGTH OF 40.34 FEET TO A REVERSE CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET; THENCE WESTERLY ALONG
LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8'00'31" AN ARC LENGTH OF
11.95 FEET; THENCE NORTH 89055'01" WEST 1016.33 FEET; THENCE SOUTH.22004'33" EAST
26.70 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
2572.00 FEET, SAID POINT ALSO BEING IN THE LAST LINE OF DAY CREEK BOULEVARD AS
SHOWN ON SAID PARCEL MAP NO. 15641,A RADIAL LINE THROUGH SAID POINT BEARS NORTH
88°29'55" WEST; THENCE NORTHERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG
SAID EAST LINE THROUGH A CENTRAL ANGLE OF 4045'59" AN ARC LENGTH OF 213.97 FEET;
Resolution No. 03-031
Page 32 of 64
THENCE NORTH 1028'43" WEST 294.75 FEET; THENCE NORTH 4478'08" EAST 122.48 FEET TO
THE POINT OF BEGINNING.
CONTAINING 21.653 ACRES OF LAND, MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION:
R�
-11�4 �EY C.
STANLEY C.MORSE, P.L.S.3640, DATED 12-06-02
LICENSE EXPIRES 6-30-04 A
#, Exp. 6/30/2004 m
No. 3640
camnoaecnEs\uiai.00c 'rsylF `P
OF CqL\F
Resolution No. 03-031
Page 33 of 64
LEGAL DESCRIPTION
CFD 2003-01
IMPROVEMENT AREA NO.1-ZONE NO.2
PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT
PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND
PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1
THROUGH 3 IN SAID RECORDER'S OFFICE AND PARCEL B AS SAID PARCEL B IS DESCRIBED IN
DOCUMENT NO. 19990308589 RECORDED JULY 23, 1999 IN THE OFFICIAL RECORDS OF SAID
COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL MAP NO. 7966;THENCE
ALONG THE EAST LINE OF SAID PARCEL MAP NO. 7966,SOUTH 0°07'34"WEST 1065.17 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
800.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
34°25'30" AN ARC LENGTH OF 480.66 FEET; THENCE LEAVING SAID EAST LINE TO THE
PREVIOUS CURVE ALONG THE NORTHERLY AND SOUTHEASTERLY LINES OF SAID PARCEL B,
NORTH 89"58'47" WEST 93.23 FEET; THENCE SOUTH 43°51'29" 290.33 FEET TO A TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1800.00 FEET; THENCE
SOUTHWESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF
13°58'01"AN ARC LENGTH OF 438.78 FEET; THENCE SOUTH 57°49'30"WEST 10.37 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2000.00 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL B ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL MAP NO. 7966 AND ALONG LAST SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 11°40'35"AN ARC LENGTH OF 407.58 FEET;THENCE SOUTH 69030'05"EAST
250.72 FEET; THENCE LEAVING LAST SAID SOUTHEASTERLY LINE, NORTH 0°04'59" EAST 75.98
FEET; THENCE NORTH 89'55'01"WEST 604.06 FEET; THENCE SOUTH 0°04'59"WEST 8.61 FEET;
THENCE SOUTH 54'49'11" WEST 24.12 FEET; THENCE NORTH 4'50'51" 9.14 FEET; THENCE
NORTH 85°09'09" WEST 104.26 FEET; THENCE NORTH 0'04'58" EAST 22.99 FEET; THENCE
NORTH 89°55'01" WEST 623.93 FEET; THENCE NORTH 0004'59" EAST 103.00 FEET; THENCE
NORTH 23023'13"WEST 25.11 FEET TO THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN
ON SAID PARCEL MAP NO. 15641;THENCE ALONG SAID EAST LINE, NORTH 0°15'45"EAST TO A
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2428.00 FEET; THENCE
NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 3002'25"
128.84 FEET; THENCE NORTH 3018'10' EAST 1267.27 FEET TO A TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 2572.00 FEET; THENCE NORTHERLY ALONG LAST SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1'48'05" AN ARC LENGTH OF 80.87 FEET;
THENCE LEAVING SAID EAST LINE OF DAY CREEK BOULEVARD, NORTH 22'04'33" EAST 26.70
FEET; THENCE SOUTH 89'55'01" EAST 1016.33 TO A POINT IN A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS SOUTH 15018'21"WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE
THROUGH A CENTRAL ANGLE AF 8000'31" AN ARC LENGTH OF 11.95 FEET TO A REVERSE
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99.50 FEET; THENCE EASTERLY
ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 23013'53"AN ARC LENGTH OF
40.34 FEET; THENCE SOUTH 89055'01" EAST 150.00 FEET TO A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 143.67 FEET; THENCE EASTERLY ALONG LAST SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15032'46" AN ARC LENGTH OF 38.98 FEET
TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET;
THENCE EASTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
6056'18"AN ARC LENGTH OF 32.25 FEET; THENCE SOUTH 89055'01" EAST 128.66 FEET; THENCE
NORTH 0004'59" EAST 50.00 FEET; THENCE SOUTH 89055'01" EAST 579.84 FEET TO A TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET;THENCE EASTERLY AND
Resolution No. 03-031
Page 34 of 64
NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"
AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 0°04'59" EAST 109.70 FEET TO A TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 213.00 FEET; THENCE NORTHERLY
ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°43'28" AN ARC
LENGTH OF 80.76 FEET;THENCE NORTH 21°48'29"EAST 11.04 FEET; THENCE NORTH 68011'33"
WEST 35.26 FEET;THENCE NORTH 25004'56"EAST 22.02 FEET TO A POINT IN A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 2403926'EAST;THENCE NORTHWESTERLY ALONG LAST
SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8021'01" AN ARC LENGTH OF
137.72 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 902.00 FEET, RADIAL LINES THROUGH SAID POINT OF CUSP BEAR
NORTH 30000'27" EAST (945.00-FOOT RADIUS) AND NORTH 32038'39" EAST (902.00-FOOT
RADIUS), SAID POINT OF CUSP ALSO BEING THE SOUTH LINE OF CHURCH STREET AS SHOWN
ON SAID PARCEL MAP NO. 15641; THENCE SOUTHEASTERLY ALONG LAST SAID NON-TANGENT
CURVE AND ALONG SAID SOUTH LINE OF CHURCH STREET THROUGH A CENTRAL ANGLE OF
13000'40" AN ARC LENGTH OF 204.83 FEET TO THE NORTH LINE OF SAID PARCEL MAP NO.
15641; THENCE LEAVING LAST SAID SOUTH LINE ALONG LAST SAID NORTH LINE, SOUTH
89055'01"EAST 444.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 110.453 ACRES OF LAND,MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION:
LAND
C.
STANLEY C.MORSE,P.L.S.3640, DATED 12-06-02
LICENSE EXPIRES 6-30-04
* Exp. 6/70/2004
Na. 7640
G:�01101 EGAL3 1,71 OC - 1p9 �p
lF CALO
Resolution No. 03-031
Page 35 of 64
LEGAL DESCRIPTION
CFD 2003-01
IMPROVEMENT AREA NO.1—ZONE NO.3
PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT
PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND
PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1
THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED
PARCEL:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL MAP NO. 15641;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL MAP NO. 15641, NORTH 89055'01" WEST
807.40 FEET; THENCE LEAVING SAID SOUTH LINE ALONG THE EAST LINE OF DAY CREEK
BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641, NORTH 44°49'38"WEST 84.98 FEET;
THENCE NORTH 0°15'45" EAST 642.29 FEET; THENCE LEAVING SAID EAST LINE, SOUTH
23°23'13"EAST 25.11 FEET;THENCE SOUTH 89055'01"EAST 54.47 FEET;THENCE SOUTH 0°04'59"
WEST 103.00 FEET;THENCE SOUTH 89055'01"EAST 623.93 FEET;THENCE SOUTH 0004'58"WEST
22.99 FEET; THENCE SOUTH 85009'09" EAST 104.26 FEET; THENCE NORTH 4050'51" 9.14 FEET;
THENCE NORTH 64049'11"EAST 24.12 FEET; THENCE NORTH 0004'59"EAST 8.61 FEET; THENCE
SOUTH 89055'01" EAST 604.06 FEET; THENCE SOUTH 0004'59" WEST 75.98 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL MAP NO. 15641; THENCE SOUTHWESTERLY ALONG
SAID SOUTHEASTERLY LINE, SOUTH 69030'05" WEST 116.82 FEET TO A TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 650.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 38000'00"AN ARC LENGTH.OF -
431.10 FEET;THENCE SOUTH 31030'05"WEST 222.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 14.689 ACRES OF LAND,MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION:
C.,�GP�
pP o
STANLEY C. MORSE,P.L.S.3640,DATED 12-06-02
LICENSE EXPIRES 6-90-04 * c.o. 6/30/2004
No, 3640
J�9 �P
G:Q901101EGALSVA1-Z3.D0C IeCF CALIF
Resolution No. 03-031
Page 36 of 64
ATTACHMENT B
PRIVATELY OWNED EXEMPT PARKING PROPERTY LISTING
Resolution No. 03-031
Page 37 of 64
SHEET 1 OF 2 SHEETS
PARKING STRUCTURE PARCELS
PARCEL MAP NO. 15641
P.M.B. 192/93-100 12
6 7 11
CHURCH STREET
24 25 26
N 8755'01"W, 2223.15'
16
14
23D-ZSEE
PARCEL P2
O
SHEET 2 N.A.P.
J :........ ............................
p PARCEL P1
m
Y
17 w 22
PARCEL MAP 7966
o V P.M.B.86/1-3
Om
d a O 1y
°O 15
m �P
LU 2 CO
a 18 21
Q �
a
20
19
FOOTHILL BOULEVARD (ROUTE 66) 1
�—y f-- 111
LANA
S
BEY C. GPS
e9N o 600 300 0 600
* Exp. 6/30/2004 *
No364D GRAPHIC SCALE
.
�T9lF OF CAQ
PREPARED UNDER THE SUPERVISION OF: LEGEND
® INDICATES SUBJECT PARCEL AREA
INDICATES SUBJECT PARCEL LINE
STANLEY C. MORSE LS. 3640 XPIRES 6 30 2004 INDICATES EXISTING PARCEL LINE
I:\46606\MAPPING\PRKSTI-I 11-13-02
Resolution No. 03-031
Page 38 of 64
SHEET 2 OF 2 SHEETS
PARKING STRUCTURE PARCELS
NW CORNER PARCEL MAP NO. 15641--]\/P.M. 7966 P.M.B. 192193.100 26
25
N 8555'01" W 2223.15'
107.59'
407.93' 1107.63 -h-�
� I
o
I NI Y O
ml m 1s b N
M
�io aIr o'2,
N
of to mo bi o it it
w i4 rnN
a�c¢ z ate
o zl z
zl
P.O.B. '
N 8555'01" W 326.99'
A-36'52'12•. 1„
R=25.00' L=16.09' "' oZR7/ate
o ry/a o
f v;
0
n z w
o CULTURAL ARTS ¢ m PARCEL P2 w
w PARCEL Pl 2 €n 1,771 AC.
2.478 AC. n CENTER PARCEL _, mLU
< L) b b
� a
b d z z
N8555'01'W 236.00'
N 8555'01• W 331.99'
t�
I
1,ANO K
0 C
U � m
J 150 75 0 150
* E.p. 6/30/2004
No. 3640
GRAPHIC SCALE
t9TF OF CALF
PREPARED UNDER THE SUPERVISION OF: . LEGEND
® INDICATES SUBJECT PARCEL AREA
INDICATES SUBJECT PARCEL LINE
STANLEY C. MORS L.S. 3640 EXPIRES 6 30 2004 INDICATES EXISTING PARCEL LINE
I:\46606\MAPPING\PRKSTI-2 11-13-02
Resolution No. 03-031
Page 39 of 64
PARKING STRUCTURE PARCELS
THOSE CERTAIN PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 7966 IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN
BOOK 86 AT PAGES 1 THROUGH 3 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL P1:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966;THENCE ALONG
THE NORTH LINE OF LAST SAID PARCEL MAP, SOUTH 89155'01" EAST 707.59 FEET; THENCE
LEAVING SAID NORTH LINE, SOUTH 0004'59" WEST 283.20 FEET TO THE POINT OF BEGINNING
OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG THE SAME
BEARING, SOUTH 00°04'59" WEST 325.20 FEET; THENCE NORTH 89°55'01" WEST 331.99 FEET;
THENCE NORTH 00004'59" EAST 310.20 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID TANGENT
CURVE THROUGH A CENTRAL ANGLE OF 36'52'12" AN ARC LENGTH OF 16.09 FEET; THENCE
SOUTH 89°55'01"EAST 326.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.478 ACRES OF LAND,MORE OR LESS.
PARCEL P2:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966;THENCE ALONG
SAID PARCEL MAP, SOUTH 89°55'01" EAST 707.59 FEET; THENCE CONTINUING ALONG SAID
NORTH LINE, SOUTH 89°55'01" EAST 407.93 FEET; THENCE LEAVING SAID NORTHERLY LINE,
SOUTH 00°04'59" WEST 273.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUING ON LAST SAID BEARING, SOUTH 00004'59" WEST
10.00 FEET;THENCE NORTH 89°55'01"WEST 10.17 FEET;THENCE SOUTH 00104'59"WEST 324.61
FEET;THENCE SOUTH 89055'01"EAST 236.00 FEET;THENCE NORTH 00°04'59"EAST 295.61 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS
OF 25.00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF
90'00'00"AN ARC LENGTH OF 39.27 FEET; THENCE.NORTH 89'55'01"WEST 55.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 84.57
FEET;THENCE ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23°28'33"
AN ARC LENGTH OF 34.65 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 84.57 FEET;THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 23°28'33"AN ARC LENGTH OF 34.65 FEET;THENCE NORTH 89°55'01"WEST
78.45 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.771 ACRES OF LAND,MORE OR LESS.
PREPARED UNDER MY DIRECTION
STANLEY C.MORSE, L.S.3640 DATE
LICENSE EXPIRES 6-30-04
GA666%061LEGA SPKG-SMDOC
Resolution No. 03-031
Page 40 of 64
EXHIBIT A-2
RATE AND METHOD OF APPORTIONMENT
IMPROVEMENT AREA 2
Resolution No. 03-031
Page 41 of 64
Exhibit "B-2"
Rate and Method of Apportionment for Improvement Area No. 2
Resolution No. 03-031
Page 42 of 64
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-01
OF THE CITY OF RANCHO CUCAMONGA
IMPROVEMENT AREA NO. 2
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community
Facilities District No. 2003-01 (Improvement Area No. 2) ("CFD No. 2003-01 (lA No. 2)")and
collected each Fiscal Year commencing in Fiscal Year 2003-04,in an amount determined by the
Council through the application of the appropriate Special Tax within each Zone for"Developed
Property" and "Undeveloped Property" as described below. All of the real property in CFD No.
2003-01 (IA No. 2), unless exempted by law or by the provisions hereof, shall be taxed for the
purposes,to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map,parcel map, condominium plan, or other map or plan
recorded with the County. The square footage of an Assessor's Parcel is equal to the
Acreage of such parcel multiplied by 43,560.
"Act"means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter
2.5,Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No.2003-01(IA No.2):the costs of computing
the Special Taxes andpreparing the annual Special Tax collection schedules(whether by the
City,a designee thereof or both);the costs of collecting the Special Taxes(whether by the
County or otherwise);the costs of remitting the Special Taxes to the Trustee;the costs of the
Trustee(including its legal counsel)in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2003-01 (IA No. 2) or any designee of either
thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No.
2003-01 (IA No.2)or any designee of either thereof of complying with City,CFD No.2003-
01 (IA No. 2) or obligated persons disclosure requirements; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding the
Special Taxes;the costs ofthe City,of CFD No.2003-01(IANo.2)or any designee of either
thereof related to an appeal of the Special Tax;and the City's annual administration fees and
third party expenses. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No.2003-01 (IA No.2)for any other administrative purposes
of CFD No. 2003-01 (IA No. 2), including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Administrative Special Tax Requirement" means, for any Fiscal Year, that amount
estimated to be required to:(i)pay periodic costs on the CFD No.2003-01 (IA No.2)Bonds
City of Rancho Cucamonga December 9,2002
CFD No. 2003-01(lA No. 2) page 1
Resolution No. 03-031
Page 43 of 64
other than regularly scheduled debt service,including but not limited to,credit enhancement
and rebate payments on the CFD No.2003-01 (IA No.2)Bonds as described in the Indenture
and due in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative
Expenses.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assessor's Parcel Map"means an official map ofthe Assessor of the County designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property,as determined in accordance with Section C below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Resolution of Formation.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property,as determined in accordance with Section C below.
"CFD Administrator"means an official of the City,or designee thereof, responsible for
determining the Special Tax Requirement for each Zone and providing for the levy and
collection of the Special Taxes.
"CFD No.2003-01"means Cityof Rancho Cucamonga Community Facilities District No.
2003-01 (Victoria Gardens).
"CFD No.2003-01 (IA No.2)"means Improvement Area No. 2 of CFD No. 2003-01,as
identified on the boundary map for CFD No. 2003-01.
"CFD No.2003-01(IA No.2)Bonds"means any bonds or other debt(as defined in Section
53317(d)of the Act),whether in one or more series,issued by CFD No.2003-01 and secured -
solely by Special Taxes levied on property within the boundaries of CFD No.2003-01 (IA
No.2)under the Act.
"City"means the City of Rancho Cucamonga.
"Council" means the City Council of the City of Rancho Cucamonga, acting as the
legislative body of CFD No. 2003-01 (IA No.2).
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was
within a Final Map that was recorded prior to January 1 of the previous Fiscal Year,and(ii)
for which a building permit for new construction was issued after January 1,2002 but prior
to January 1 of the previous Fiscal Year.
City of Rancho Cucamonga December 9, 2002
CFD No. 2003-01(IA No. 2) Page 2-
Resolution No. 03-031
Page 44 of 64
'Final Map' means a final map, lot line adjustment, or parcel map, or portion thereof,
approved by the City pursuant to the Subdivision Map Act(California Government Code
Section 66410 et seq.)and recorded with the County Recorder that creates individual lots for
which building permits may be issued. The tens "Final Map" shall not include any
Assessor's Parcel Map or subdivision map or portion thereof,that does not create individual
lots for which a building permit may be issued, including Assessor's Parcels that are
designated as remainder parcels.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
'Indenture' means the indenture, fiscal agent agreement,resolution or other instrument
pursuant to which CFD No. 2003-01 (lA No. 2)Bonds are issued, as modified, amended
and/or supplemented from time to time.
"Maximum Special Tax"means the maximum Special Tax,determined in accordance with
Section C below,that can be levied in any Fiscal Year on any Assessor's Parcel.
"Outstanding Zone 1 Bonds"means(a)the product of(i)the original principal amount of
the CFD No.2003-01(IA No.2)Bonds minus the principal amount of the CFD No.2003-01
(IA No. 2)Bonds that have been paid at maturity,or been redeemed or defeased other than
from prepayments of Special Taxes;and(ii)the Zone 1 Allocation,minus(b)the principal
amount of the CFD No.2003-01(IA No.2)Bonds that have been redeemed or defeased as a
result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in
Zone 1.
"Outstanding Zone 2 Bonds"means(a)the product of(i)the original principal amount of
the CFD No.2003-01(1A No.2)Bonds minus the principal amount of the CFD No.2003-01
(IA No. 2)Bonds that have been paid at maturity,or been redeemed or defeased other than
from prepayments of Special Taxes;and(ii)the Zone 2 Allocation,minus(b)the principal
amount of the CFD No.2003-01 (IA No.2)Bonds that have been redeemed or defeased as a
result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in
Zone 2.
"Proportionately" means for Developed Property in a particular Zone that the ratio of the
actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for
all Assessor's Parcels of Developed Property within such Zone,or where the Backup Special
Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such
Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon
which a Backup Special Tax is being levied within such Zone. For Undeveloped Property in
a particular Zone, "Proportionately"means that the ratio of the actual Special Tax levy per
Acre in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all
Assessor's Parcels of Undeveloped Property within such Zone.
"Public Property"means any propertywithin the boundaries of CFD No.2003-01 (IA No.
2)that is used for rights-of-way or any other purpose and is owned by or irrevocably offered
for dedication to the federal government,the State,the County,the City or any other public
December 9, 2
City of Rancho Cucamonga
CFD No.2003-01 (IA No. 2) Pagee 3
3
Resolution No. 03-031
Page 45 of 64
agency,provided however that any property leased by public agency to a private entity and
subject to taxation under Section 53340.1 of the Act shall be taxed and classified in
accordance with its use.
"Resolution of Formation"means the Resolution of Formation for CFD No.2003-01 (IA
No.2).
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax
Requirement or the Zone 2 Special Tax Requirement.
"State"means the State of California.
"Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No.
2003-01 (IA No.2)which are not exempt from the Special Tax pursuant to law or Section E
below.
"Trustee"means the trustee or fiscal agent under the Indenture.
"Undeveloped Property"means,for each Fiscal Year,all Taxable Property not classified as
Developed Property.
"Zone"means Zone 1 or Zone 2,as applicable.
"Zone 1"means all Assessor's Parcels located within the boundaries of Zone I asdelineated
in Attachment A to this Rate and Method of Apportionment.
"Zone 1 Allocation"means the percentage of CFD No.2003-01 (lA No.2)Bonds allocated
to Zone I based on Zone 1's share of the cost of the Authorized Facilities to be financed
from the proceeds of such bond issue(s). The Zone I Allocation is 37.80%.
"Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to(i)
replenish any reserve funds for CFD No.2003-01(IA No.2)Bonds man amount equal to the
amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes,as reasonably
determined by the CFD Administrator, and (ii)pay for reasonably anticipated delinquent
Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the
previous Fiscal Year.
"Zone 1 Special Tax Requirement"means,for any Fiscal Year,the sum of(i)the Zone I
Allocation times the Administrative Special Tax Requirement;and(ii)the amount required
to (a) pay regularly scheduled debt service on all Outstanding Zone I Bonds due in the
calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the
construction of Authorized Facilities,and(c)pay the Zone I Delinquency Amount,if any;
(iii)less a credit for funds available to reduce the annual Special Tax levy within Zone 1,as
determined by the CFD Administrator pursuant to the Indenture.
City of Rancho Cucamonga December 9, 1002
CFD No.1003-01(/A No. 2) Page 4
Resolution No. 03-031
Page 46 of 64
"Zone 2"means all Assessor's Parcels located within the ebou tdaries of zone 2 as delineated
in Attachment A to this Rate and Method of Apportionment
"Zone 2 Allocation"means the percentage of CFD No.2003-01(IA No,2)Bonds allocated
to Zone 2 based on Zone 2's share of the cost o Zoe Authorized ne Allocation is aciliti20/o to be financed
from the proceeds of such bond issue(s). l
"Zone 2 Delinquency Amount" means,for any Fiscal Year, the amount required to (i)
replenish any reserve funds for CFD No.2003-01 (IA No.2)Bonds in an amount equal to the
amount withdrawn therefrom as a result of delinquent Zone reasonably2Special Taxes,as redelinquent
onably
determined by the CFD Administrator, and(ii)pay
Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 in the
previous Fiscal Year-
Zone 2 Special Tax Requirement"means,for any Fiscal Year,the sum of(i)the Zone 2
.Allocation times the Administrative Special Tax Requirement;and(ii)the amount required
to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bodndscdl efn th
calendar year beginning in said Fiscal Year, (b) accumulate funds to pay Y
or the
construction of Authorized Facilities,and(c)pay the Zone 2 Delinquency Amount,if any;
(iii)less a credit for funds available to reduce the annual Special Tax levy within Zone 2,as
determined by the CFD Administrator pursuant to the Indenture.
B. AS TO LAND USE CATEGORIES
Each Fiscal Year,all Taxable Property within Zone I and Zone 2 of CFD No.2003-01 (IA
No. 2) shall be classified as Developed Property or Undeveloped Property, and shall be
subject to Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. ZONE 1
a, Zone 1 Developed Property
(i). Maximums 1 Tax .
The Maximum Special Tax for each Assessor's Parcel in Zone I
classified as Developed Property shall be the greater of(i)the amount
derived by application of the Assigned Special Tax for Zone I or(ii)
the amount derived by application of the Backup Special Tax for
Zone 1.
December 9, 2002
City of Rancho Cucamonga Page S
CFD No. 2003-01 (1A No. 2)
Resolution No. 03-031
Page 47 of 64
(ii). Assisned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed
Property in Zone I of CFD No.2003-01 (IA No.2)shall equal$2,799
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
commencing on July 1, 2004 and on July 1 of each Fiscal Year
thereafter,by an amount equal to two percent(2%)of the Assigned
Special Tax for the previous Fiscal Year.
(iii). Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Developed
Property in Zone 1 of CFD No.2003-01(IA No.2)shall equal$3,110
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
commencing on July 1, 2004 and on July I of each Fiscal Year
thereafter, by an amount equal to two percent(2%) of the Backup
Special Tax for the previous Fiscal Year.
b. Zone 1 Undeveloped Property
The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No.
2003-01 (IA No. 2)shall be$3,110 per Acre for Fiscal Year 2003-04,and
shall increase thereafter,commencing on July 1,2004 and on July 1 of each
Fiscal Year thereafter, by an amount equal to two percent (2a/o) of the
Maximum Special Tax for the previous Fiscal Year.
2. ZONE 2
a. Zone 2 Developed Property
(i). Maximum Special Tax
The Maximum Special Tax for each Assessors Parcel in Zone 2
classified as Developed Property shall be the greater of(i)the amount
derived by application of the Assigned Special Tax for Zone 2 or(ii)
the amount derived by application of the Backup Special Tax for
Zone 2.
(it). Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed
Property in Zone 2 of CFD No.2003-01 (IA No.2)shall equal$8,480
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
commencing on July 1, 2004 and on July 1 of each Fiscal Year
thereafter, by an amount equal to two percent(2%) of the Assigned
Special Tax for the previous Fiscal Year.
City of Rancho Cucamonga December 9, 2002
CFD No. 2003-01(IA No. 2) Page 6
Resolution No. 03-031
Page 48 of 64
(iii). Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Developed
Property in Zone 2 of CFD No.2003-01(IA No.2)shall equal$9,423
per Acre for Fiscal Year 2003-04, and shall increase thereafter,
- commencing on July 1, 2004 and on July 1 of each Fiscal Year
thereafter, by an amount equal to two percent (2%) of the Backup
Special Tax for the previous Fiscal Year.
b. Zone 2 Undeveloped Property
The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No.
2003-01 (IA No.2) shall be$9,423 per Acre for Fiscal Year 2003-04,and
shall increase thereafter,commencing on July 1,2004 and on July 1 of each
Fiscal Year thereafter, by an amount equal to two percent (2%) of the
Maximum Special Tax for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. ZONE 1
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall determine the Zone I Special Tax Requirement and levy the Special
Tax in Zone 1 until the amount of Special Taxes levied in Zone I is equal to the Zone
1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal
Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property in Zone I in an amount equal to 100% of the Assigned Special Tax for
Developed Property;
Second: If additional monies are needed to satisfy the Zone 1 Special Tax
Requirement after the first step has been completed,the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to
100%of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Zone 1 Special Tax
Requirement after the first two steps have been completed, then the levy of the
Special Tax on each Assessors Parcel of Developed Property in Zone 1 whose
Maximum Special Tax is equal to the Backup Special Tax shall be increased
Proportionately from the Assigned Special Tax up to the Maximum Special Tax for
each such Assessor's Parcel.
Notwithstanding the above,the Council may in any Fiscal Year levy Proportionately
less than 100%of the Assigned Special Tax in step one(above)when the Council no
longer must levy a Special Tax in Zone 1 pursuant to steps two and three above,and
December 9, 2002
City of Rancho Cucamonga Page 7
CFD No. 2003-01 (IA No. 2)
Resolution No. 03-031
Page 49 of 64
(i)all authorized CFD No.2003-01 (IA No.2)Bonds have already been issued,or
(ii)the Council has covenanted that it will not issue any additional CFD No.2003-01
(IA No.2)Bonds(except refunding bonds)to be supported by Special Taxes levied
under this Rate and Method of Apportionment.
2. ZONE 2
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall determine the Zone 2 Special Tax Requirement and levy the Special
Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone
2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal
Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property in Zone 2 in an amount equal to 100%of the Assigned Special Tax for
Developed Property;
Second: If additional monies are needed to satisfy the Zone 2 Special Tax
Requirement after the first step has been completed,the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to
100%of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Zone 2 Special Tax
Requirement after the first two steps have been completed, then the levy of the
Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose
Maximum Special Tax is equal to the Backup Special Tax shall be increased
Proportionately from the Assigned Special Tax up to the Maximum Special Tax for
each such Assessor's Parcel.
Notwithstanding the above,the Council may in any Fiscal Year levy Proportionately
less than 100%of the Assigned Special Tax in step one(above)when the Council no
longer must levy a Special Tax in Zone 2 pursuant to steps two and three above,and
(i)all authorized CFD No.2003-01 (IA No. 2)Bonds have already been issued,or
(ii)the Council has covenanted that it will not issue any additional CFD No.2003-01
(IA No.2)Bonds(except refunding bonds)to be supported by Special Taxes levied
under this Rate and Method of Apportionment.
E. EXEMPTIONS
1. ZONE 1
No Special Tax shall be levied on Public Property in Zone 1.
2. ZONE 2
No Special Tax shall be levied on Public Property in Zone 2.
City of Rancho Cacamonga December 9, 2002
CFD No.2003-01(IA No. 2) Page 8
Resolution No. 03-031
Page 50 of 64
F. REVIEW/APPEAL COMMITTEE
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD
Administrator,provided that the appellant is current in his/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or -
before the payment date established when the levy was made. The appeal must specify the
reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall
review the appeal,meet with the appellant if the CFD Administrator deems necessary,and
advise the appellant of its determination. If the CFD Administrator agrees with the appellant,
the amount of the Special Tax shall be appropriately modified.
The Council may interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifying any ambiguity and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals. Any decision of
the Council shall be final and binding as to all persons.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes;provided,however,that CFD No.2003-01 (IA No.2)may directly
bill the Special Tax,may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations,and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
H. PREPAYMENT OF SPECIAL TAX
1. Payment in Full
Onl y an Assessor's Parcel of Developed Property,or Undeveloped Property forwhich
a building permit has been issued, may be prepaid. The Special Tax obligation
applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 2) may only be
prepaid after all authorized CFD No.2003-01 (IA No.2)Bonds have already been
issued,or after the Council has covenanted that it will not issue any additional CFD
No.2003-01 (IA No.2)Bonds(except refunding bonds)to be supported by Special
Taxes levied under this Rate and Method of Apportionment. The obligation of the
Assessor's Parcel to pay any Special Tax may be permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only if there are no delinquent Special Taxes with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax obligation shall provide the CFD Administrator
with written notice of intent to prepay. Within 30 days of receipt of such written
notice,the CFD Administrator shall notify such owner of the prepayment amount of
such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any
redemption date for the CFD No.2003-01 (IA No.2)Bonds to be redeemed with the
proceeds of such prepaid Special,Taxes.
December 9,2002
City of Rancho Cucamonga Page 9
CFD No. 2003-0I(!A No. 2)
Resolution No. 03-031
Page 51 of 64
The Prepayment Amount(defined below)shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount(defined below)
shall be calculated as follows:
Paramph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Maximum
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels
of Undeveloped Property for which building permits have already been
issued,compute the Maximum Special Tax for the Assessor's Parcel to be
prepaid as though it were already designated as Developed Property,based
upon the building permit which has been issued for that Assessor's Parcel.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
estimated Maximum Special Taxes for the entire Zone in which the
Assessor's Parcel is located based on the Developed Property Special Taxes
which could be charged in the current Fiscal Year on all expected
development in such Zone,excluding any Assessor's ParceLs.in such Zone
which have been prepaid;and
4. (a) For Assessor's Parcels in Zone 1, multiply the quotient computed
pursuant to paragraph 3 by the Outstanding Zone 1 Bonds to compute the
amount of Outstanding Zone 1 Bonds to be retired and prepaid;or
-(b) For Assessor's Parcels in Zone 2, multiply the quotient computed
pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the
amount of Outstanding Zone 2 Bonds to be retired and prepaid(in either(a)
or(b)above, the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount for the appropriate Zone computed
pursuant to paragraph 4 by the applicable redemption premium (e.g., the
redemption price — 100%), if any, on the Outstanding Zone 1 or Zone 2
Bonds to be redeemed(the "Redemption Premium").
6. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the
City of Rancho Cucamonga December 9,1002
CFD No. 2003-01 pA No. 2) Page 10
Resolution No. 03-031
Page 52 of 64
current Fiscal Year until the earliest redemption date for the Outstanding
Zone 1 or Zone 2 Bonds,as applicable.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current
Fiscal Year which have not yet been paid.
8. Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Administrative
Fees and Expenses from the date of prepayment until the redemption date for
the Outstanding Zone 1 or Zone 2 Bonds,as applicable,to be redeemed with
the prepayment.
9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the
amount computed pursuant to paragraph 8.
10. Compute the net present value of the amount computed pursuant to
paragraph 9,using as a discount rate the rate of return reasonably assumed by
the CFD Administrator in paragraph 8(the"Defeasance Amount").
11. The administrative fees and expenses of CFD No.2003-01 (JA No.2)are as
calculated by the CFD Administrator and include the costs of computation of
the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming CFD No. 2003-01 (IA No. 2)Bonds, and the costs of recording
any notices to evidence the prepayment and the redemption (the
"Administrative Fees and Expenses").
12. The reserve fund credit(the"Reserve Fund Credit")shall equal the lesser of:
(a) the expected reduction in the reserve requirement (as defined in the
Indenture),if any,associated with the redemption of Outstanding Zone I or
Zone 2 Bonds as a result of the prepayment,or(b)the amount derived by
subtracting the new reserve requirement(as defined in the Indenture)in effect
after the redemption of Outstanding Zone 1 or Zone 2 Bonds,as applicable,
as a result of the prepayment from the balance in the reserve fund on the
prepayment date,but in no event shall such amount be less than zero. No
Reserve Fund Credit shall be granted if the amount then on deposit in the
reserve fund for the Outstanding Zone l or Zone 2 Bonds, as applicable, is
below 100%of the reserve requirement(as defined in the Indenture).
13. If any capitalized interest for the Outstanding Zone 1 or Zone 2 Bonds, as
applicable, will not have been expended as of the first bond interest and/or
principal payment date following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed
pursuant to paragraph 3 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized
Interest Credit").
City of Rancho Cucamonga December 9, 2002
CFD No.2003-01(IA No. 2) Page 11
Resolution No. 03-031
Page 53 of 64
14. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4,5, 10,and 11,less the amounts computed pursuant
to paragraphs 12 and 13(the"Prepayment Amount').
From the Prepayment Amount,the amounts computed pursuant to paragraphs 4,5,
10, 12 and 13 shall be deposited into the appropriate fund as established under the
Indenture and be used to redeem Outstanding Zone 1 or Zone 2 Bonds,as applicable,
or make debt service payments. The amount computed pursuant to paragraph 11
shall be retained by CFD No. 2003-01 (IA No. 2).
The Prepayment Amount may be sufficient to redeem other than a$5,000 increment
of CFD No.2003-01 (IA No.2)Bonds. In such cases,the increment above$5,000 or
integral multiple thereof will be retained in the appropriate fund established under the
Indenture to be used with the next prepayment of CFD No.2003-01(IA No.2)Bonds
or to make debt service payments.
Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as
determined under paragraph 7 (above), the CFD Administrator shall remove the
current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County
tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation
is prepaid in full in accordance with this Section H.I., the Council shall cause a
suitable notice to be recorded in compliance with the Act,to indicate the prepayment
of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel,
and the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless
the amount of Maximum Special Taxes that may be levied within the entire Zone in
which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and
after the proposed prepayment is at least 1.1 times the maximum annual debt service
on all Outstanding Zone 1 or Zone 2 Bonds,as applicable.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property and an Assessor's
Parcel of Undeveloped Property for which a building permit has been issued may be
partially prepaid. The amount of the prepayment shall be calculated as in Section
H.1;except that a partial prepayment shall be calculated according to the following
formula:
PP=PEXF
These terms have the following meaning:
PP= the partial prepayment
PE= the Prepayment Amount calculated according to Section H.I
City of Rancho Cucamonga December 9,2002
CFD No. 2003-01(IA No. 2) Page 12
Resolution No. 03-031
Page 54 of 64
F= the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the
CFD Administrator of(i)such owner's intent to partially prepay the Special Tax,and
(ii)the percentage by which the Special Tax shall be prepaid,and(iii)the company
or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax for an Assessor's Parcel within thirty(30)days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Section H.1,and(ii)indicate in the .
records of CFD No.2003-01 (IA No.2)that there has been a partial prepayment of
the Special Tax and that a portion of the Special Tax with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 - F)of the remaining Maximum
Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to
Section D.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal
Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier
Fiscal Year if the CFD Administrator has determined (i) that all required interest and
principal payments on the CFD No. 2003-01 (IA No. 2)Bonds have been paid;and(ii)all
Authorized Facilities have been constructed.
K.CUbArm choCvcamongal YjctoriaGardew"A Vmprav enumuL.doc
Prepared: IWM2
City of Rancho Cucamonga December 9, 2002
CFD No.2003-01(IA No. 2) Page 13
Resolution No. 03-031
Page 55 of 64
ATTACHMENT A
MAP OF ZONE 1 AND ZONE 2
Resolution No. 03-031
Paae 56 i f 64
PROPOSED BOUNDARIES SHEET 1 OF 1 SHEETS
OF
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 2, ZONE 1 & 2
CRY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA
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Resolution No. 03-031
Page 57 of 64
COMMUNITY FACILITIES DISTRICT NO.2003-01
IMPROVEMENT AREA NO.2
ZONE 1 ASSESSOR PARCEL NUMBERS
229-021-62
229-021-63
229-021-64
ZONE 2 ASSESSOR PARCEL NUMBERS
227-211-39
227-211-40
227-211-41
227-211-42
227-211-43
Resolution No. 03-031
Page 58 of 64
EXHIBIT B-1
Assigned Special Taxes for Developed Property
Community Facilities District No. 2003-01
Improvement Area 1
�y �srFy �a ',"� '�t5slgpi3tS�peiat
1 Developed Property $4,318 per Acre
2 Developed Property $36,294 per Acre
3 Developed Property $10,272 per Acre
'Assigned Special Tax escalates by 2%per year.
Resolution No. 03-031
Page 59 of 64
EXHIBIT B-2
Assigned Special Taxes for Developed Property
Community Facilities District No. 2003-01
Improvement Area 2
;. _:hgc�' s '��,Q4Ll6�s R,� .� `c�.^+ x•� w-c�2�m uY+
I"` Developed Property $2,799 per Acre
2 Developed Property $8,480 per Acre
-Assigned Special Tax escalates by 2%per year.
Resolution No. 03-031
Page 60 of 64
EXHIBIT C-1
Maximum Special Taxes for Undeveloped Property
Community Facilities District No. 2003-01
Improvement Area 1
� r a e60. 2
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1 Undeveloped Property $4,798 per Acre
2 Undeveloped Property $12,817 per Acre
3 Undeveloped Property $11,413 per Acre
'Maximum Special Tax escalates by 2%per year.
Resolution No. 03-031
Page 61 of 64
EXHI_ B_ IT C-?
Maximum Special Taxes for Undeveloped Property
Community Facilities District No. 2003-01
Improvement Area 2
Im
1 Undeveloped Property
$3,110 per Acre
$9,423 per Acre
2 Undeveloped Property.
'"Maximum Special Tax escalates by 2%per year.
Resolution No. 03-031
Page 62 of 64
EXHIBIT D
BOUNDARY MAPS
Resolution No. 03-031
Page 63 of 64
PROPOSED BOUNDARIES SHEET I OF 1 SHEETS
OF
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO.2003-01
IMPROVEMENT AREA NO. 1
CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA
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Resolution No. 03-031
Page 64 of 64
PROPOSED BOUNDARIES SHEETIOFISHEETS
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IMPROVEMENT AREA NO. 2
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